Motorized Bicyclist Bust: Can this happen to YOU ?

Discussion in 'Laws, Legislation & Emissions' started by ezrider, Aug 2, 2016.

  1. ezrider

    ezrider Member

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    "Part of his personal renaissance was acquiring some means of transportation so he had a chance of getting to a job and generally getting around. With all of the other forms of personal motorized transport barred because of his license situation, Burns built a motorized bike and thought he was good to go.

    He got pulled over in Decatur in July after a police officer said he measured the bike's speed at more than 30 mph. Burns was ticketed for driving while license revoked, operating an uninsured vehicle, having no registration and not wearing goggles. Police seized the bike as evidence. Burns then attempted to fight the tickets on the grounds that his motorized bike was not a moped. He appeared to have won the day Aug. 11, when the Macon County State's Attorney's Office filed a motion to dismiss the charges on the grounds that the moped statute "does not apply to such a vehicle."

    But after conversations with the police department, the charges were reinstated Aug. 20. Burns wound up going to court and being convicted in a bench trial April 8, at which he was given a conditional discharge for 12 months, ordered to perform 300 hours of community service, fined and ordered to pay court costs."

    Motorized Bicycles Cross Moped Line

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  2. Wolfshoes

    Wolfshoes Member

    The risk in Illinois is not quite that dire. This ruling was overturned by an appellate court. Overturning the ruling did not change Illinois law, but in that one of five appellate districts the ruling determined that because of Newton's Laws, the 20 mph speed limit for motorized bicycles does not begin until the motor takes over allowing a legal speed greater than 20 mph. My town police chief, that is not in this area of Illinois, accepts the ruling. I carry a copy of the ruling when I ride. Decatur Appellate Ruling 2012, 4110593_R23

    In my opinion, the important thing in Illinois is to always be seen pedaling off from a dead stop and keep the speed under 30 mph. That alone would offset the worst of problems. If you are not in the Decatur area, make your case with the local police chief that you believe it is legal to ride as accepted by the Appellate Court decision. A link to a copy of the court decision is posted on motorbicycling.com in their older (2012) legal forum threads.
     
  3. Steve Best

    Steve Best Active Member

    Let me get this straight.
    A guy is caught riding a bicycle faster than 30mph with no eye protection.
    When pulled over to talk about this, the cop finds this guy has had his motorized driving privileges revoked.
    The saying: "People who live in glass houses should not throw stones" rings in my ears.

    If he was wearing all the safety gear and pedaling at 20mph on a quiet bike, do you think he would have been stopped?
    I really don't think this could happen to me. I'm quiet, I pedal, I follow the rules of the road.
    If I exceed 30mph I do it where it will not offend people or risk safety.

    I watched a guy go by the other day, gutted muffler, no pedaling, helmet unfastened.
    Idiot. Going to ruin our good thing.

    We have a wonderful little nook that allows us the freedom to build and design and ride that motorcycles have lost.
    DO NOT MESS THIS UP folks. Do not flaunt the law. Do not attract negative attention.
    Be safe, be stealthy.

    Steve
     
    Last edited: Aug 2, 2016
  4. ezrider

    ezrider Member

    These are some excellent replies and suggestions. In addition to pedaling off from a dead stop, a concealed radar detector might be a good idea as well.
     
    Randall likes this.
  5. bakaneko

    bakaneko Active Member

    Well, I am sure he wasn't stopped because he did not pedal from a dead stop. I mean he should not be going above the speed limit and wearing protective eye wear but it seem they just made an example of the poor guy to remind the rest to follow the rules. How many times have we exceeded the limits of the law here? Regardless of the road, if we go above the speed limit, cops do have the right to stop us and impose heavy fines. But, would they for a simple motorized bike, it seem from this article the cops and city just wanted to make an example of the guy and tell the citizens the operating difference between a motorized bike and moped. And, a poor guy with a less than stellar background trying to recover is sadly their way of doing it. Funny thing is that in Wisconsin all the mopeds I've seen go beyond 30 mph easy otherwise you get a refund...
     
  6. Steve Best

    Steve Best Active Member

    He got
    He was stopped because he was going over 30mph. Very clear.

    Yes, if you break the laws, you get a fine. Very clear.
    If when you are stopped they find other factors, like no safety gear and your driving privileges have been revoked for past behaviour, expect it to affect the decisions the officer makes regarding further charges. Past performance often predicts future behaviour. If this guy's driving hurt people in the past, would you blame the officer for doing what he could to get him off the road?

    Each case runs on its own merits. "less than stellar background"? Multiple impaired driving charges or maiming a pedestrian or fellow driver is not "less than stellar background", it is a history of disregard for the law and the safety of others, which the officer sees repeated yet again. That officer wants to see THIS DRIVER off the road because of his repeated disregard for the law and the safety of others.

    Unfortunately we get caught up in the technicalities. That rider is not our friend.

    Steve
     
  7. JunkyardDog

    JunkyardDog Active Member

    I think 30 mph is crazy for a motorized bicycle. The law in my state is 20 mph, and I ride a lot slower than that, basically keeping pace with pedal bikes. I ride a motorized bike because I cannot pedal due to medical issues, not to go fast. I have a drivers license, though one is not required. However, there is an exception. If you lost your license for DUI, you cannot ride a motorized bicycle. I wear eye protection. Motorized bikes in my state do not require registration or insurance, but that is when riding in a legal manner. 30 mph IS moped speed. If this guy had been riding along like a regular bicycle, he probably would not have attracted the cops attention. Having a loud exhaust, like an expansion chamber on a 2 stroke also attracts attention.
     
  8. Randall

    Randall Member


    I like your posts Steve but I take issue with this one thing: "I watched a guy go by the other day, gutted muffler, no pedaling, helmet unfastened.
    Idiot. Going to ruin our good thing."

    His brain farts are HIS problem, not ours.

    Also, remember we are in a common law jurisdiction. Injury - Property Damage - Violation of a Legal Right, are the items that are actionable.
    www.marcstevens.net
     
  9. Wolfshoes

    Wolfshoes Member

    In reply to the opinion about riding a motorbike up to 30 mph, I would agree riding at 15 or 20 mph for many is fast enough. The engine is not screaming at you, pavement can be rough without suspension and wind chill can be significant even at 68 degrees F. If you are going to use the bike for a extended ride or as utility from going from point A to point B, it may be unavoidable to stay away from 55 mph roads where the traffic is going 60 mph. Taking the lane in heavy traffic, even if legal likely would reduce life expectancy, so riding a paved shoulder, if there is one, may be the only option. The advantage of a 30 mph speed is the safety of getting out of that situation as soon as possible until higher speed roads are made safer for lower speed travelers. Therefore the speed capability of the bike can depend on what you are doing with the bike. For urban riders, 20 mph may be fast enough for all around riding.
     
  10. Randall

    Randall Member

    I try to only ride on the right side of the white line when possible. Ridden past plenty of city police and sheriff's deputies, they don't even look twice at me. Might be the size of the town I am in. Not sure.
     
  11. bakaneko

    bakaneko Active Member

    yeh, i try to do that too but sometimes there are big stones and branches and glass and anything else from cars that gets pushed to the side of the road. and, there are always little stones that makes leaning into a turn with thin wheels precarious. i like to ride on the white line because its really smooth and due to the smoothness free of rocks and crap.
     
    Frankfort MB's likes this.
  12. Frankfort MB's

    Frankfort MB's Well-Known Member

    I ride like that when I ride in town but since I live way out in no where all the roads near me are 35mph speed limits so I ride with traffic....

    I don't like riding slow on these roads because people will run you over.
    My problem with side roads is all the rocks and mud on the road, and with slick tires that gets tricky sometimes:)
     
    Randall likes this.
  13. Randall

    Randall Member

    I agree with that.
     
  14. ezrider

    ezrider Member

    "Having a loud exhaust, like an expansion chamber on a 2 stroke also attracts attention"
    I'd suppose riding on a pair of 5" FAT TIRES might also attract some attention. It is really true you can ride in a foot of snow with those by the way ??

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  15. Dmar

    Dmar Member

    I live in a town of about one hundred and sixty. I'm the only one with a motorized bike. Across the highway is where I work it's an hour and half walk to work but a ten min ride. I hadn't had the pleasure of running into a nhp. So I'm very curious of what would happen. I really like that post though it's a good one.
     
  16. JunkyardDog

    JunkyardDog Active Member

    In my state, pedal bikes are not allowed to be ridden in a traffic lane. That's why there are bike lanes. Motorized bikes do not get any special privileges over pedal bikes. They are still bicycles, which is why they require no license, registration, or insurance. Only a very fit cyclist could reach 30 mph, and then only on a very light road bike. 30 mph is nowhere near realistic bicycle speeds. Most pedal bikes around here never exceed 10 mph. The only exceptions seem to be the spandex crowd. And they are certainly physically fit. But they don't ride 30 mph. The law in my state says "motor ASSISTED bicycles, not to exceed 48cc and 20 mph. However, there is also a "reasonable and prudent" speed law. 20 mph can still get you a ticket if riding that fast puts anyone in danger. The only time I ride 20 mph, which is pretty much the top speed for my friction drive bike, is outside the city limits, on the shoulders of rural roads, with speed limits up to 65 mph. There are MANY pedal cyclists who ride on these roads. If you come up behind one, you must slow down, and wait for a chance to move out onto into a traffic lane to pass. NEVER pass another bicycle on the shoulder. Remember, motorized bicycles are NOT motorcycles, and cannot be ridden as such. They are simply bicycles that you do not have to pedal.

    I live in the suburban Phoenix area, where it is none too safe to ride a bicycle. But I am close to the edge of it, in the last city to the south, so it is a fairly short ride out of town to rural country roads. Every time I ride, I take the shortest way out of town. I like to take 100 mile rides out in the country. When I need to go somewhere in town, I take a car.
     
  17. Wolfshoes

    Wolfshoes Member

  18. Randall

    Randall Member

  19. JunkyardDog

    JunkyardDog Active Member

    Motorized bicycles are such a wonderful thing, but like anything else, there just has to be somebody out there (in this case a lot of somebodys) that just have to push things, using illegal motors and going too fast. They are going to ruin it for us that obey the law. I can see absolutely NO reason to want to go more than 20 mph on a motorized bicycle. Bicycles are not designed to have motors, so just putting a motor on one at all is seriously increasing the risk of problems. Trying to turn a bicycle into a motorcycle is just asking for it, and I have no sympathy for those that do it. If you want motorcycle speeds, get a motorcycle, get a license, registration and insurance and have at it. Kymco has a new 125cc motorcycle called the K-Pipe for $2000 that should be just perfect for those who want a small bike, but want higher speeds.
     
  20. Wolfshoes

    Wolfshoes Member

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